Rape suspects dodge convictions

Ineffective laws, weak prosecution in sex crimes have allowed thousands of offenders to escape with impunity

LAHORE:

Following every high profile rape case, public outcry and international pressure compel law enforcement agencies to announce an exemplary sentence to the perpetrator in order to momentarily polish the reprehensible image of the country however, as soon as the media outrage dies down, thousands of other reported sex crimes continue to be dealt with the same level of nonchalance, which in the presence of a weak prosecution, creates ample loopholes for perpetrators to roam around freely in search for their next target, which could be a woman, a child or even an animal.

Despite the occasional passage of various bills aimed at the protection of women and children from sexual violence, cases of rape have continued to grow over the past few years in Punjab due largely to the existence of ineffective rape laws and a weak prosecution in cases of sexual violence which prevent the accused from getting convicted.

“Rape cases remain at a standstill due to the lack of effective legislation. Our legal system lacks a prompt mechanism for delivering justice. While some cases undergo expedited trials, the majority face delays. The rate of sex crimes would continue to increase until the offenders receive prompt punishment. Regrettably, a weak working relationship between the police and the prosecution keeps hindering the timely completion of investigations and the submission of the challan to the court,” said Barrister Noshab Ali Khan, a legal expert.

Concurring with Khan, Former District Attorney Javed Ahmed Bhatti also believed that although sex crimes were reported and investigated, the efficiency of the police investigation and challan system was notably sluggish. “Tasks that ought to be completed within days end up stretching into weeks, months, and even years. This consequently impedes the prompt delivery of justice in such cases,” noted Bhatti.

“When the government fails to enforce stringent laws against sexual violence by penalizing the offenders, incidents of rape are bound to rise at an alarming rate,” opined Abdullah Malik, a representative of the civil society.

According to data obtained by the Express Tribune, the number of cases of sexual violence have nearly doubled during the past three years with 600 cases of rape reported in 2021, 900 in 2022 and 1,200 by 2023. Moreover, the conviction rate for sex crimes is barely 32 per cent since out of a total of 2,200 rape suspects across 46 jails in the province, only 700 have been convicted while the rest remain under the rug.

Commenting on the matter, a senior officer of the prosecution department maintained that rape cases were reviewed on a monthly basis and the primary convict of the motorway gang rape case in 2020, Abid Malhi had received the death penalty, while Imran Ali, the convict in the 2018 Zainab rape and murder case had already been executed.

“The insufficiency of solid evidence is cited as the primary reason behind the imposition of minimal penalties in the majority of other rape cases in Punjab. Due to their power and influence, the accused are able to collude with the police to destroy the evidence and escape conviction with impunity,” regretted the officer.

Responding to the officer, Muhammad Azam Joya, Former Additional IG Investigation Police defended the allegations by maintaining that the primary duty of the police was to conduct investigations, which were carried ahead by witnesses. “What can the police do if the testimonies in the case are pending?,” questioned Joya.

Speaking to the Express Tribune on the matter, the DIG Headquarters Jails Mian Salik Jalal said,” Rape suspects are housed separately in jails while underage offenders are placed in juvenile lock ups. Additionally, prisons also provide rehabilitation programs for individuals under the age of 18, for their counselling.”